• Title/Summary/Keyword: criminal law

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Internet comment manipulation and criminal responsibility

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.6
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    • pp.75-79
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    • 2018
  • The purpose of this paper is to introspect again the role of the criminal law at a time when it is said that numerous criminal and legal discussions are needed to develop the so called "reply manipulation " case that is shaking the nation's political history. The research method considered the literature and precedents discussed in the past, and discussed the issue of subculture abuse caused by the internet, which is a product of convenience and affluence that came with the Forth industrial revolution through criminal law. Through a computer program, a discussion was held on what penalties would be imposed on the criminal law for attempting to manipulate public opinion by manipulating the so-called number of comments or Reaction. Question of whether the criminal law should further emphasize the need for a discussion on the need for a method to strengthen the preventive functions of the criminal law and expand the scope of punishment in order to address new causes of risk that came with the development of science. Without reflecting on whether such as "government-inspired demonstration "would be possible in today's world that was in the public perception of the authoritarian government of the past, it is a problem to see that the political goals of a particular group can be achieved by manipulating comments or creating public opinion on the Internet. The duty of criminal law is to protect the interests of the law. The role of the criminal law should be maintained the self limiting as far as possible in cases of violation or danger of the law. Still, it is a problem that the role of the criminal justice system today is too aggressive and is seen as a top tool rather than a last resort for solving problems. he role of the internet will be expanded further in the Hyper Connected society. To solve these problems, we should look forward to a change in the priority of other laws and policies other than criminal law.

A Study on negligent liability in Aviation Criminal Law (항공형법에서의 과실 책임에 관한 연구)

  • Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.13 no.2
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    • pp.48-62
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    • 2005
  • In aviation criminal law is negligence different from in civil law and in general criminal law. The Interpretation of aviation criminal negligence must be elucidated in characteristic own way. The thesis considers the principle of trust, permissible risk and the accomplice offender.

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Criminal And Legal Protection Of Information Relations

  • Manzhai, Oleksandr;Kuryliuk, Yurii;Miroshnykov, Ivan;Syiploki, Mykola;Vazhynskyi, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.284-288
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    • 2022
  • The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.

An Application of The Islamic Methodology in The Enactment of Criminal Laws and Policy Formulation

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.169-174
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    • 2022
  • Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of criminal law.

The Impact of Kinship in Criminal Cases under the Saudi Criminal Law

  • Alnasyan, Mohammed Sulaiman
    • International Journal of Computer Science & Network Security
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    • v.22 no.6
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    • pp.357-363
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    • 2022
  • Kinship is a permanent relationship which is likely to impact the regulations adopted by the legislator to deal with crimes involving close relatives. Accordingly, the title "Impact of Kinship on a Criminal Case" is intended to highlight the legal provisions related kinship, regarding such case, and the procedures associated therewith; as the legislator takes kinship into account, particularly with respect to the procedures related to crimes between relatives; and it is the legislator's aim to protect such relation.

Criminal and Legal Countermeasures against Cybercrime in the Conditions of Martial Law

  • Nataliia, Veselovska;Serhii, Krushynskyi;Oleh, Kravchuk;Olеksandr, Punda;Ivan, Piskun
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.85-90
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    • 2022
  • The article is devoted to the consideration of the features of the application of criminal and legal countermeasures against cybercrime in the conditions of martial law. While conducting this research, we found an opportunity to formulate the author's recommendations for solving the most complex law enforcement problems, as well as to propose changes to the Criminal Code of Ukraine aimed at eliminating the flaws of the analyzed Law, the adoption of which will contribute to the achievement of higher efficiency of the relevant criminal law prescriptions. It is argued that the removal of the previously existing in the footnote of Art. 361 of the Criminal Code of a fundamentally important caveat regarding the fact that when assessing "significant damage", the mentioned property equivalent was to be taken into account only when such damage consisted in causing material damage, which led to a significant and unjustified narrowing of the scope of potential application of Part 4 of Article 361 of the Criminal Code.

A Study on the Enforcement and Characteristics of Environmental Criminal Law in the U.S.A. (미국 환경형법의 특성과 강제절차)

  • 이경호
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.1
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    • pp.59-78
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    • 1999
  • Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

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A Criminal Responsibility of Aid by 119 Rescuer (119구급대원의 응급구급활동과 관련한 형법적 책임)

  • Yoon, Sang-Min
    • Fire Science and Engineering
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    • v.20 no.4 s.64
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    • pp.77-90
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    • 2006
  • This is for Criminal Law problem that can be happened during the rescue working of 119 rescue member. There are mainly 3sections can be Criminal Law Problem. At first, denying a rescue request. Second, thing that do not transfer patient or people need someone's help by their refusal. Third, emergency medical management. It can be criminal act if somebody do the 3sections thing under Law about emergency medical treatment. It also can be homicide under Criminal Law or accidental homicide, a charge of injuring a person if people need rescue die or become worse through the work. Rescuers are responsible for a criminal case by their carelessness and fault. A plan has to remain to protect them when they do violence to the life and health of a people inevitably. This paper examines the plan can protect them through the analysis and application of related Law about rescuer's work which can be Criminal Law Problem, presents rational establish plan of Rescuer Protect Law to make them their job well as a rescuer.

Research for the Security Studies in the Universities of U. S. A. (미국 대학 시큐리티 교육내용에 관한 연구 -한국 대학교육과 비교를 중심으로-)

  • Gong, Bae-Wan
    • Convergence Security Journal
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    • v.11 no.2
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    • pp.35-43
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    • 2011
  • In the universities of U.S.A., Criminal Justice is the interdisciplinary study of the institutions and policies that constitute the criminal justice system, as well as theories of human behavior and philosophies of justice related to the maintenance of social order, the control of crime, and the achievement of a just society. There are 103 American Universities have Criminal Justice department and they provide about 180 differents courses as a pre-requisition or optional subject in the major. The most 10 courses that those colleges adopted are Introduction to Criminal Justice, Criminal Law, Criminology, Criminal Procedures, Research Methods in Criminal Justice, Criminal Investigation, Juvenile Justice, Terrorism, Ethical Issues in Criminal Justice, Introduction to Psychology or Introduction to Sociology. Also, 10 fields more important in the major if we group together similar courses those are Criminal Justice and Procedures Sequences, Law, Justice and corrections, Theory and Methods Sequences, Homelend Security and Security Operations, Forensics and Cybercrime, Management and Administration, Police, Race and Ethnicity, General Requirements, Other Social Science Fields. The combined degree program leading to Bachelor of Arts Degree in Criminal Justice and Master in Public Administration provides a concentration in criminal justice, management, administration, and leadership. They have big different courses between USA and Korea event though they have similar educative goal and way of approach to the target in the major.

Current Problems of Criminal Law Protection of Information Relations in the Border Sphere

  • Kushnir, Iryna;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Stepanova, Yuliia;Kushnir, Yaroslav
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.171-176
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    • 2021
  • The article considers some issues of criminal law protection of information relations. With the emergence of new types of threats to Ukraine's national security in the field of protection and defense of the state border, the issues of development and strengthening of information protection become especially important. Proper compliance with information legislation also depends on the established responsibility for its violation, which rests on certain provisions of the Criminal Code of Ukraine. It is stated that these norms are placed in different sections and do not have a proper systematization. The article singles out the subjects of information relations in the border area, which are subject to criminal law protection: persons who are not bound by stable relations with the SBGS (who cross the state border of Ukraine, etc.); persons who are members of the SBGS (servicemen and employees); SBGS as a public authority (official and secret information, information about the activities of the agency, its officials, etc.).